Common use of Consummation of the Transactions; etc Clause in Contracts

Consummation of the Transactions; etc. (a) On or prior to the Effective Date, all Refinanced Indebtedness shall have been repaid in full, together with all fees and other amounts owing thereon, all commitments thereunder shall have been terminated and all letters of credit issued pursuant thereto shall have been terminated or cash collateralized in a manner reasonably acceptable to the Administrative Agent. On the Effective Date, all security interests in respect of, and Liens securing, the Refinanced Indebtedness created pursuant to the security documentation relating thereto shall have been terminated and released, and the Administrative Agent shall have received all such releases as may have been requested by the Administrative Agent, which releases shall be in form and substance reasonably satisfactory to the Administrative Agent. Without limiting the foregoing, there shall have been delivered to the Administrative Agent (i) proper termination statements (Form UCC-3 or the appropriate equivalent in each relevant jurisdiction) for filing under the UCC or equivalent statute or regulation of each relevant jurisdiction where a financing statement or application for registration (Form UCC-1 or the appropriate equivalent in each relevant jurisdiction) was filed with respect to US Company or its Subsidiaries in connection with the Liens created with respect to the Refinanced Indebtedness, (ii) terminations or reassignments of any security interest in, or Lien on, any patents, trademarks, copyrights, or similar interests of US Company or any of its Subsidiaries on which filings have been made and (iii) terminations of all mortgages, leasehold mortgages, hypothecs and deeds of trust created with respect to property of US Company or any of their respective Subsidiaries, in each case, to secure the obligations under the Refinanced Indebtedness, all of which shall be in form and substance reasonably satisfactory to the Administrative Agent. After giving effect to the Transactions, US Company and its Subsidiaries shall have no outstanding Indebtedness, Indebtedness convertible into Equity Interests, or other preferred Equity Interests except as set forth on Schedule 8.30.

Consummation of the Transactions; etc. (a) On the Initial Borrowing Date and prior to the Mobile Storage Acquisition, US Company shall have purchased from the holders thereof all of the outstanding Mezzanine Notes. (b) On the Initial Borrowing Date, the Mobile Storage Acquisition (other than the portion thereof constituting the Subsequent Mergers) shall have been consummated in accordance with the terms and conditions of the Acquisition Documents and all Applicable Laws, and no provision of any Acquisition Document shall have been altered, amended or otherwise changed or supplemented or any condition therein waived if such alteration, amendment, change, supplement or waiver would be materially adverse to the interest of the Lenders, in any such case without the prior written consent of the Joint Bookrunners. On or prior to the Initial Borrowing Date, (i) the Administrative Agent shall have received true and correct copies of all Acquisition Documents, in each case certified as such by an Authorized Officer of US Company, and (ii) all such Acquisition Documents shall be in full force and effect. (c) On the Initial Borrowing Date, the Convertible Preferred Stock shall have been issued in accordance with the Convertible Preferred Stock Documents and all Applicable Laws and no provision of any Convertible Preferred Stock Document shall have been altered, amended or otherwise changed or supplemented or any condition therein waived if such alteration, amendment, change, supplement or waiver would be materially adverse to the interest of the Lenders, in any such case without the prior written consent of the Joint Bookrunners. On or prior to the Initial Borrowing Date, (i) the Administrative Agent shall have received true and correct copies of all Convertible Preferred Stock Documents, in each case certified as such by an Authorized Officer of US Company, and all such Convertible Preferred Stock Documents shall be in full force and effect. (d) On or prior to the Effective Initial Borrowing Date, all Refinanced Indebtedness shall have been repaid in full, together with all fees and other amounts owing thereon, all commitments thereunder shall have been terminated and all letters of credit issued pursuant thereto shall have been terminated or cash collateralized in a manner reasonably acceptable to the Administrative Agent. On the Effective Initial Borrowing Date, all security interests in respect of, and Liens securing, the Refinanced Indebtedness created pursuant to the security documentation relating thereto shall have been terminated and released, and the Administrative Agent shall have received all such releases as may have been requested by the Administrative Agent, which releases shall be in form and substance reasonably satisfactory to the Administrative Agent. Without limiting the foregoing, there shall have been delivered to the Administrative Agent (i) proper termination statements (Form UCC-3 or the appropriate equivalent in each relevant jurisdiction) for filing under the UCC or equivalent statute or regulation of each relevant jurisdiction where a financing statement or application for registration (Form UCC-1 or the appropriate equivalent in each relevant jurisdiction) was filed with respect to US Company Company, Target or its any of their respective Subsidiaries in connection with the Liens created with respect to the Refinanced Indebtedness, (ii) terminations or reassignments of any security interest in, or Lien on, any patents, trademarks, copyrights, or similar interests of US Company Company, Target or any of its their respective Subsidiaries on which filings have been made and (iii) terminations of all mortgages, leasehold mortgages, hypothecs and deeds of trust created with respect to property of US Company or any of their respective Subsidiaries, in each case, to secure the obligations under the Refinanced Indebtedness, all of which shall be in form and substance reasonably satisfactory to the Administrative Agent. After giving effect to the Transactions, US Company and its Subsidiaries shall have no outstanding Indebtedness, Indebtedness convertible into Equity Interests, or other preferred Equity Interests except as set forth on Schedule 8.308.31.